Recreational Equipment Inc v. UKG Inc

• Court: District Court, W.D. Washington
• Decided: March 18, 2021
• Docket: 2:21-cv-00107
• Status: Unknown

Opinion

1 Honorable James L. Robart 2

8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 RECREATIONAL EQUIPMENT, INC., a 11 Washington corporation, No. 2:21-CV-00107-JLR

12 Plaintiff, STIPULATION AND ORDER TO 13 EXTEND DEADLINE TO FILE v. INITIAL DISCLOSURES, JOINT 14 STATUS REPORT, AND RELATED UKG, INC., a Delaware corporation formerly DEADLINES 15 known as THE ULTIMATE SOFTWARE GROUP, INC., NOTE ON MOTION CALENDAR: 16 March 16, 2021 17 Defendant.

18 19 Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Recreational Equipment, Inc. (REI) and 20 Defendant UKG, Inc., f/k/a The Ultimate Software Group, Inc. (UKG), by and through their 21 attorneys of record, hereby submit this Stipulated Motion and [Proposed] Order to Extend the 22 Deadline to File Initial Disclosures, Joint Status Report, and Related Deadlines by four weeks to 23 24 facilitate the Parties’ efforts to resolve this case via mediation, which is currently scheduled for 25 April 8, 2021. 26

27 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE INITIAL DISCLOSURES, JOINT STATUS REPORT 1 The Parties have met and conferred, and submit this Stipulated Motion in good faith. Good 2 cause exists to grant the Parties’ request as set forth below. 3 DISCUSSION 4 By its Order regarding Initial Scheduling Dates, the Court set the deadline for the Parties 5 to complete a FRCP 26(f) Conference for March 18, 2021, and also established the deadline for 6 Initial Disclosures for April 1, 2021, and a Combined Joint Status Report and Discovery Plan for 7 8 April 8, 2021. Dkt. 16.1 Prior to the Court’s Order, the Parties agreed to schedule a mediation in 9 this case in order to resolve the dispute in lieu of trial. Mediation is scheduled to take place on 10 April 8, 2021, and the Parties are diligently preparing to make the mediation successful. 11 Pursuant to Fed. R. Civ. P. 16(b)(4), case management deadlines established by the Court 12 “may be modified only for good cause and with the judge’s consent.” Rule 16(b)’s “good cause” 13 standard primarily considers the diligence of the party seeking the modification. Johnson v. 14 Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992). Here, the Parties are actively 15 16 preparing for mediation and agree that a short continuance of four weeks for each of the initial 17 scheduling dates will best allow these efforts to continue. 18 Should the mediation prove unsuccessful, the parties do not anticipate needing any further 19 continuances beyond the current request. Accordingly, the Parties respectfully request that the 20 Court approve this Stipulated Motion and agree to continue the deadline for the FRCP 26(f) 21 conference, Initial Disclosures, and Combined Joint Status Report as follows: 22 23 24

25 1 The Court’s Order states that requests for extension of the initial scheduling deadlines should be made by telephone to the Courtroom Deputy. Counsel for REI contacted the Court on March 10, 2021, and was directed to file a stipulated 26 motion with the Parties’ request.

27 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE INITIAL DISCLOSURES, JOINT STATUS REPORT 1 Filing New Date Prior Date 2 FRCP 26(f) Conference 4/15/2021 3/18/2021 3 Initial Disclosures Pursuant to FCRP26(a)(1) 4/29/2021 4/1/2021 4 Combined Joint Status Report and Discovery Plan as 5/6/2021 4/8/2021 5 Required by FCRP 26(f) and Local Civil Rule 26(f) 6 7 STIPULATED TO this 16th day of March, 2021. 8 PACIFICA LAW GROUP LLP LEWIS BRISBOIS BISGAARD & SMITH LLP 9 10 By s/ Nicholas W. Brown By s/ Benjamin J. Stone 11 Nicholas W. Brown, WSBA #33586 Benjamin J. Stone, WSBA #33436 Kai A. Smith, WSBA #54749 Craig Holden, pro hac vice 12 Attorneys for Plaintiff Attorneys for Defendant 13 Recreational Equipment, Inc. UKG, Inc. f/k/a The Ultimate Software Group 14 15 ORDER 16 IT IS HEREBY ORDERED that this Stipulated Motion to continue the deadlines in 17 the Initial Scheduling Order (Dkt. 19) is GRANTED. The new dates for the initial disclosure 18 19 and submission of the Joint Status Report and Discovery Plan in as follows: 20 Filing New Date Prior Date 21 FRCP 26(f) Conference 4/15/2021 3/18/2021 22 Initial Disclosures Pursuant to FCRP26(a)(1) 4/29/2021 4/1/2021 23 Combined Joint Status Report and Discovery Plan as 5/6/2021 4/8/2021 24 Required by FCRP 26(f) and Local Civil Rule 26(f) 25 26 27 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE INITIAL DISCLOSURES, JOINT STATUS REPORT 1 DATED this 18th day of March, 2021. 2 A 3 4 Honorable James L. Robart 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE INITIAL DISCLOSURES, JOINT STATUS REPORT